Key Takeaways
- Commission may be suspended or revoked for misconduct
- Grounds include failure to properly perform duties
- Dishonesty, fraud, or deceit are grounds for revocation
- Criminal conviction involving dishonesty disqualifies
- False statements on application lead to revocation
Grounds for Suspension or Revocation
A notary backdated a document—just once—because the signer pleaded that a deadline would be missed. "It's only one day," she reasoned. "No big deal."
Six months later, she received a letter from the Secretary of State: her commission was being revoked. That "one day" cost her career.
The Secretary of State takes notary violations seriously. Understanding what can end your commission will help you keep it.
The Secretary of State's Powers
The Secretary of State may take these actions against a notary:
| Action | Meaning |
|---|---|
| Suspend | Temporarily remove your authority |
| Revoke | Permanently terminate your commission |
| Refuse to renew | Deny your renewal application |
| Deny application | Reject a new application |
Grounds for Discipline
Failure to Properly Perform Duties
| Violation | Example |
|---|---|
| Journal violations | Not recording required entries |
| ID failures | Not properly verifying identity |
| Missing oaths | Failing to administer required oath |
| Certificate errors | Incomplete or improper certificates |
| Seal issues | Using improper or outdated seal |
Dishonesty, Fraud, or Deceit
| Violation | Consequence |
|---|---|
| Falsifying documents | REVOCATION |
| Backdating notarizations | REVOCATION |
| Forward-dating notarizations | REVOCATION |
| Notarizing without signer present | REVOCATION |
| Misrepresenting facts | REVOCATION |
Key: ANY dishonesty can end your commission.
Criminal Conduct
| Type of Conviction | Effect on Commission |
|---|---|
| Felony | Revocation and future disqualification |
| Crime involving dishonesty | Revocation |
| Crime of moral turpitude | Revocation |
| Minor traffic violations | Typically no effect |
False Statements on Application
| If you... | Then... |
|---|---|
| Lied on your application | Commission revoked |
| Concealed disqualifying information | Commission revoked |
| Misrepresented qualifications | Commission revoked |
Violation of Notary Laws
| Violation Type | Likely Outcome |
|---|---|
| Willful violations | Revocation |
| Repeated violations | Revocation |
| Gross negligence | Suspension or revocation |
| First-time minor error | Warning (maybe) |
Due Process: Your Rights
Before the Secretary of State revokes a commission, you have rights:
| Step | What Happens |
|---|---|
| 1. Notice | You receive notice of allegations |
| 2. Response | You may respond to charges |
| 3. Hearing | You may request a hearing |
| 4. Decision | Written decision is issued |
| 5. Appeal | You may appeal the decision |
Common Disciplinary Scenarios
| Violation | Typical Outcome |
|---|---|
| Backdating documents | Revocation |
| False application | Revocation |
| Felony conviction | Revocation |
| Journal violations | Suspension → Revocation |
| Overcharging fees | Warning → Suspension |
| Unauthorized practice of law | Suspension → Revocation |
| Notarizing without signer present | Revocation |
On the Exam
Expect 2-3 questions on discipline. Key points tested:
- Backdating: Grounds for revocation (always)
- False application: Automatic revocation
- Felony conviction: Automatic revocation
- Dishonesty in any form: Grounds for revocation
- Due process: Notice and hearing before revocation
Which of the following is grounds for commission revocation?
What type of criminal conviction can lead to revocation?